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(영문) 서울고등법원 2013.08.23 2013노2082
마약류관리에관한법률위반(향정)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. The gist of the grounds for appeal is too unreasonable.

B. The judgment of the defendant and the candidate for medical treatment and custody (hereinafter "the defendant") have the record of being punished several times for the violation of the Act on the Control of Narcotics, Etc., and the defendant's assertion is without merit, in light of the following: (a) the crime of this case where phiphonephones are administered again within six months from the date on which the execution of punishment was completed due to the violation of the Act on the Control of Narcotics, etc.; (b) the crime of this case is committed during the period of repeated crime; and (c) the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime; and (d) the various sentencing conditions indicated in the argument of this case, such as the situation before and after the crime

2. The part of the medical treatment and custody case is deemed to have filed an appeal regarding the medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act when the defendant filed an appeal against the prosecuted case, but the defendant did not submit any grounds for appeal regarding the medical treatment and custody case, and the judgment of the court below is examined ex officio and the reason for reversal is not found even

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act as it is without merit. It is so decided as per Disposition.

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